When is this Condition Due?

Reading Time: 3 minutes

When drafting a condition in an APS, there are essentially two (2) ways to set the deadline:

Option 1: Exact Date

“Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than 11:59 PM on the Mar 28, 2025, that this condition is fulfilled..."

OR

Option 2: Days After Acceptance

“Unless the Buyer gives notice in writing delivered to the Seller personally or in accordance with any other provisions for the delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto not later than Three (3) Business Days after acceptance, that this condition is fulfilled..."

As a lawyer, I prefer exact dates. They're clear and leave no room for interpretation. So when possible, I recommend using them.

But having been on your side of the deal, I get why Realtors often go with “days after acceptance.” If negotiations drag out, it saves you from constantly updating deadlines.

That said, I still get questions like:

“If an agreement is accepted early in the morning on Thursday, does the conditional period start that same day, or the next day”

So let's clear that up.

If your clause says “Three (3) Business Days after acceptance” the day of acceptance is Day 0—no matter what time it was signed.

The count starts the following day.

So, if an offer is accepted on Thursday at 8:00 AM:

• Thursday = Day 0 (Acceptance Day)
• Friday = Day 1
• Saturday = Not a Business Day
• Sunday = Not a Business Day
• Monday = Day 2
• Tuesday = Day 3

➡️ Condition Deadline = 11:59 PM Tuesday

It's simple once you think of the acceptance date as Day 0.

– – –

One last thing: be careful with “Business Days.”

Most APS don’t define it, and even if they say “excluding Friday, Saturday, and Holidays,” there’s still room for debate—especially over what qualifies as a holiday (provincial? federal?).

So, if a holiday is coming up and you’re using “days after acceptance,” make sure both sides agree on what counts and what doesn't.

Bottom line? Use exact dates when you can.